Is it unfair?

How to tell when a commercial practice is unfair

The burning question for consumers will undoubtedly be: "How can I tell when a particular commercial practice is unfair?"

• The Black List: practices that are ALWAYS prohibited
• Misleading with false information
• Misleading by leaving out information
• Aggressive marketing
• Other cases

Misleading with false information

Actions are the activities traders carry out in the promotion and sales of their products.

A commercial practice is misleading if it either:

• contains false information and is therefore untruthful;

or

• in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is correct

and

• causes or is likely to cause them to take a transactional decision that they would have otherwise not taken.

There is no need to prove that a consumer was actually misled. The possibility of deception alone can be considered misleading, if the other elements are present as well. Similarly, there is no need to prove that the consumer suffered financial loss.